Misconduct Procedures
I. Structure of the University Department of Student Conduct and Academic Integrity (SCAI)
A. The University SCAI Officer (Director of SCAI
Dept.)
The University SCAI Officer oversees all aspects of
the Kennesaw State University SCAI Dept. to ensure proper handling
of alleged violations of the Student Code of Conduct in addition to
promoting campus awareness of issues related to student conduct and
academic integrity. Duties of the SCAI Officer include: selecting
and training members of the SCAI Panel, receiving and processing
charges of violations of the Kennesaw State University Student Code
of Conduct, keeping records of student cases, coordinating and
supervising hearings before the Traffic Court, University Court, and
hearing officers and revising University policies when necessary. An
official designee selected by the Director may perform and/or assist
with any of these duties. B. Hearings 1. Academic Misconduct: Depending on circumstances, an allegation of misconduct may be resolved by: a. An informal disciplinary meeting between the student and the instructor (see II.A. below), or: b. An informal disciplinary meeting before the Director of the SCAI Dept. or his/her designee, or: c. A University Court hearing before a panel of faculty/staff and students. 2. Violation of Disciplinary Rules: Depending on circumstances, an allegation of a violation of disciplinary rules (other than violations on residence hall property) against a student may be resolved by: a. An informal disciplinary meeting before the Director of the SCAI Dept. or his/her designee, or: b. A University Court hearing before a panel of faculty/staff and students. 3. Violation of Disciplinary Rules on Residence Hall Property: Depending on circumstances, an allegation of a violation of disciplinary rules on residence hall property against a student may be resolved by: a. An informal disciplinary meeting between the student and the Coordinator of Residence Life (CRL) (see II C below). A CRL may resolve any case where removal from housing, or suspension or expulsion from the university is not imposed as a sanction, or b. An informal disciplinary meeting before the Director /Associate Director for Residence Life or an SCAI Assistant Director for Residential Misconduct, or designee. They may resolve any case including those where removal from housing, and/or suspension or expulsion from the university is/are imposed as a sanction, or c. A University Court hearing before a panel of faculty/staff and students. In cases arising from on-campus housing areas the accused student may have a hearing before a university court panel only 1) when the alleged offense is of such a serious nature that a sanction of removal from housing, suspension, and/or expulsion from the university may be imposed if the student is found responsible and 2) if the student requests a university court hearing rather than an informal disciplinary meeting with the Director /Associate Director for Residence Life or SCAI Assistant Director for Residential Misconduct, or designee.
C. The University SCAI Panel The University SCAI Panel includes students, faculty and staff members who receive training in the University student code of conduct and the SCAI policies and procedures. They serve on the University Court and Traffic Court panels and act as advisors to persons accused of code of conduct violations. 1. Faculty/Staff Appointments There are twenty-two (22) faculty/staff members who are appointed to the SCAI Panel for two (2) year terms, and may be re-appointed at the expiration of this term by the appropriate University official. The appointments to the SCAI Panel are as follows:
2. Student Panel Members
A minimum of fifteen (15) students, selected by the
University SCAI Officer, serve on the SCAI Panel. Applications,
personal statements, interviews, and references are considered in
the selection process. Student panelists serve a one (1) year term
and may reapply for membership at the end of each academic year. 3. Duties of SCAI Panel Members
4. SCAI Panel Code of Ethics
As the University SCAI Dept. exists to promote
justice and fairness, thus serving the individual student, the
campus, and the public interest, a panel member's public
and official behavior shall be beyond reproach and free from
impropriety. Any member of the SCAI panel or any member of the
student body, faculty or staff who suspects a panel member of
violating the SCAI panel code of ethics should communicate in
writing to the University SCAI officer. Once the alleged ethical
violation is reported, the SCAI officer will investigate the
allegations and confer with the Vice President for Student Success
and Enrollment Services or his/her designated representative to
determine the appropriate action, which may include dismissal from
the SCAI panel and/or other disciplinary sanctions, if necessary.
a. Proceedings of the University Court and Traffic Court shall be conducted with fitting dignity and decorum and should reflect the importance and seriousness of the hearing. b. Panel members shall not discuss any case outside of the University SCAI panel membership. In addition, panel members shall not discuss cases with other panel members while the case's final outcome, including all appeals, is still pending, unless specific permission is granted by the SCAI officer
g. When considering whether a violation of the KSU student code of conduct has occurred, a panel member serving on the University Court panel shall only consider the facts of the case before the Court, and not the validity of the code of conduct regulation. h. A University Court judge shall consider all relevant factors in recommending disciplinary measures. i. An advisor is expected to give his/her best possible effort when representing a party before the University Court. j. A panel member shall not solicit for the retention of his/her services as advisor. k. When assigned to a case, an advisor shall keep the SCAI officer fully informed of all pertinent information regarding that case. l. An advisor shall not argue the merits of any case or possible case with any judge except during the hearing. m. An advisor shall preserve the confidence of the person(s) he/she represents except insofar as this conflicts with the advisor's duty to keep the SCAI officer fully informed of all pertinent information regarding the case. An advisor must inform the person(s) he/she represents of this duty owed to the SCAI officer prior to accepting the position as advisor. Information shared with the SCAI officer may be communicated to all parties to the case. n. The conduct of the advisor before the University Court shall be characterized by candor and fairness. o. Communication between a student or any other person and a SCAI panel member concerning the possible violation of a regulation is not privileged communication. p. Panel members are not required to report or bring cases to the SCAI Department; however, if asked to act as a witness by an advisor, a panel member is required to cooperate. q. If called as a witness, a panel member shall be totally objective in his/her testimony and shall refrain from making subjective evaluations or from expressing his/her personal beliefs. r. A panel member who is a member of an organization brought before the SCAI Department must notify the SCAI officer of his/her affiliation with the organization. While that panel member has the right to silence, as he/she is part of the accused student organization, he/she may not serve on a University Court that is hearing the case against the organization. However, a panel member who is a member of an organization brought up on SCAI charges may serve as the advisor to the organization, unless that panel member is specifically charged with an individual code of conduct violation or is an officer of the organization.
t. A panel member must preserve the confidentiality of all SCAI Department matters, even after they no longer serve on the panel. A breach of this confidentiality by a former student panel member will subject that student to disciplinary charges. D. KSU Courts/Hearing Boards a. Jurisdiction: The Traffic Court considers appeals by students of citations issued for alleged violations of the KSU parking regulations.
c. Reporting: Decisions of the Traffic Court are reported to the KSU Department of Auxiliary Services, which in turn notifies the Office of Business Services regarding refund payments for students whose appeals were upheld by the Court. d. Further Appeals: The decision of the University Traffic Court may not be appealed.
2. The
University Court
a. Jurisdiction: The University Court considers allegations of violations of the KSU Student Code of Conduct which are not resolved either informally or through an administrative hearing before the Director of the SCAI Department (or his/her designee) or by an informal disciplinary meeting before Residence Life or other SCAI personnel as outlined in section I B 3, above. b. Composition: The panel will consist of five (5) members as follows:
c. Reporting: University Court decisions regarding alleged Code of Conduct violations and any recommended sanctions are reported to the Director of the SCAI Department (or his/her designee) or, when based on a case arising from residence hall property, to the Director for Residence Life (or his/her designee), who will review the recommendation and notify the parties to the case regarding the final decision. d. Appeals of University Court Decisions: A request to appeal a University Court decision shall be submitted to the SCAI officer as outlined in Section VII. II. Handling Violations of the KSU Student Code of Conduct
Upon pursuing an allegation of academic misconduct, the faculty member should contact the SCAI Dept. (770-499-3403) to inform that office of his/her intention to pursue such an allegation and to determine that the student has no prior history of being held responsible for academic misconduct. If the student has previously been found responsible for violating the rules against academic misconduct then the professor should not meet with the student to resolve the matter informally, but instead should file a formal SCAI charge which shall result in a hearing. Or, if there are any circumstances other than prior history of academic misconduct under which a professor would seek to have a student suspended or expelled for academic misconduct then the professor should not arrange to meet the student to resolve the matter informally. Instead the professor should file a formal SCAI charge which shall result in a hearing. The faculty member must complete and sign the Academic Misconduct Incident Report form and forward it to the Department of Student Conduct and Academic Integrity (mail drop #0506) (the student does NOT need to sign the form). If final grades become due before the matter is resolved the faculty member must assign the student a grade of "Incomplete" until the issue is settled. The SCAI Dept. then will contact the student and make arrangements for the hearing. If the student has no prior history of academic misconduct and the professor is not seeking suspension or expulsion, then the professor should arrange to meet with the student(s) who allegedly violated the Code of Conduct. The faculty member should request that either his/her dean, department chair, or program director be present at this meeting, or he/she may request the presence of the SCAI officer, or someone authorized by the SCAI officer. During the meeting between the faculty member and the accused student(s), the following procedures shall be followed:
a. If the student DENIES the misconduct: · The meeting must be concluded. If, at that time, the faculty member still wishes to pursue the academic misconduct allegation(s), proceed to the next step. If, however, the faculty member believes that the student did not commit academic misconduct, then no further action is necessary. · The student shall be notified by the faculty member that the case is being referred to the Student Conduct and Academic Integrity Department for a hearing, to be conducted in accordance with University procedures (see Sections IV. through VII., below). · The case then is referred to the SCAI Dept., the faculty member must complete and sign the Academic Misconduct Incident Report form and forward it (mail drop #0506) to the SCAI Dept. (the student does NOT need to sign the form). · If a final course grade is due, the faculty member must assign the student a grade of "Incomplete" until the matter is resolved. b. If the student ADMITS the misconduct AND the faculty member IS seeking suspension or expulsion from the University: · The faculty member shall notify the student that the case is being referred to the Student Conduct and Academic Integrity Department for a hearing to be conducted in accordance with the University procedures, (see sections IV through VII below). · The faculty member must complete an Academic Misconduct Incident Report form, including the student's admission of the violation. In addition, all relevant documentation (e.g., copy of the test, potentially plagiarized paper, etc.) should be attached to the form, and the faculty member shall indicate that a hearing is requested. · Both the student and the faculty member must sign the Academic Misconduct Incident Report form, and the faculty member must forward it to the SCAI Dept. (mail drop #0506). · The faculty member MAY assign a final grade to the student, and may take the student's admission of academic misconduct into consideration when assigning that grade. c. If the student freely, without intimidation or coercion, ADMITS the misconduct AND the faculty member is NOT seeking suspension or expulsion from the University · Prior to deciding upon the sanctions for the misconduct, the faculty member should check with the SCAI Dept. to see whether the student has a prior record of academic misconduct at Kennesaw State University. · After consulting with the SCAI Dept., the faculty member has the prerogative of determining appropriate sanctions within the academic framework of the class (i.e., lowering the student's grade on the assignment, assigning additional work, lowering the student's overall course grade, etc.). · The faculty member must complete an Academic Misconduct Incident Report form, including the details of the incident, the student's admission of the violation, relevant documentation (e.g., copy of the test, paper in question, etc.) and the mutually agreed upon remedy. · Both the student and the faculty member must sign the form, and the faculty member must forward it to the SCAI Dept. (mail drop #0506). B. Violation of Disciplinary Rules
All incidents of disciplinary violations of the KSU Student Code of Conduct outside of residence hall property shall be reported to the Department of Student Conduct and Academic Integrity (SCAI) in accordance with the procedure outlined below. Faculty, staff, or students who are witnesses to or victims of incidents of alleged violation of the Student Code of Conduct should contact the SCAI Dept. as soon as possible and submit a General Misconduct Incident Report form. 1. General Disruptive Behavior, Where No Immediate Threat of Danger is Present
a. If the situation is not imminently dangerous, the
faculty or staff member may control the immediate situation by
requiring the student(s) to meet specific criteria (not speaking
during the remainder of the class period, leaving the classroom or
office area immediately, etc.), or the faculty member may choose to
dismiss the class for the remainder of the period to avoid a
confrontation. 2. Seriously Disruptive/Dangerous Conduct a. In situations where a student's conduct is both disruptive and poses imminent danger to the health and safety of himself/herself or others, immediately contact the KSU Police at (770) 423-6666. The responding officer at the time of notification shall remove the student from the area immediately.
b. Immediately
report the incident to the SCAI Dept. and/or the Office of the Dean
for Student Success and for possible handling under the "Interim
Suspension" policy, described in Section III below. 3. Sexual Assault When a possible sexual assault has occurred, the victim is encouraged to report it immediately to the KSU Department of Public Safety (770) 423-6666 and the Department of Student Conduct and Academic Integrity (SCAI) (770) 499-3403. The victim of a sexual assault should take care to preserve any evidence that may be necessary to prove that the assault occurred. Victims are advised to consult law enforcement authorities before showering/bathing, or changing or laundering any clothing that was worn during the assault. However, the fact that the victim of a sexual assault has already bathed, showered, or otherwise compromised potential evidence should in no way dissuade the victim from reporting the assault, as such actions may not prevent criminal prosecution or SCAI proceedings from going forward. Students who report sexual assaults to the KSU Department of Public Safety shall be afforded assistance in seeking counseling and follow-up medical care, making reasonable changes to their on campus housing arrangements or academic situations and reporting to the appropriate criminal authorities after an assault has occurred. KSU recognizes and upholds the rights of victims of sexual assault, including:
a. The right to
have any and all sexual assaults against them treated
with seriousness; the right, as victims to be
treated with dignity; and the right for campus
organizations that assist victims to be accorded
recognition. d. The right to be free from any kind of suggestion that campus sexual assault victims not report, or underreport, crimes because (1) the victims are somehow responsible for the commission of crimes against them; (2) victims were contributorily negligent or assumed the risk of being assaulted; or (3) by reporting crimes they would incur unwanted personal publicity. e. The same right to advisement and assistance, or ability to have others present, in any campus disciplinary proceeding that the institution permits the accused and the right to be notified of the outcome of such proceeding. f. The right to full and prompt cooperation from campus personnel in obtaining, securing and maintaining evidence (including a medical examination) as may be necessary to the proof of criminal sexual assault in subsequent legal proceedings. g. The right to be made aware of and assisted in exercising any options as provided by state and federal laws or regulations with regard to mandatory testing of sexual assault suspects for communicable diseases and with regard to notification to victims of the results of such testing. h. The right to counseling from any mental health services previously established by the institution, or by other victim-service entities, or by victims themselves. i. After campus sexual assaults have been reported, the victims of such crimes shall have the right to require that campus personnel take the necessary steps or actions reasonably feasible to prevent any unnecessary or unwanted contact or proximity with alleged assailants, including transfer of classes or reasonable changes in on-campus housing arrangements if requested by the victims. C. Violation of Disciplinary Rules on Residence Hall Property Depending on the circumstances, a coordinator of residence life (CRL) is permitted to choose one of two options when handling incidents involving an allegation of a violation of the residential code/student code of conduct on residence hall property (including all grounds and associated parking areas) by any KSU student. These options include (1) an informal resolution procedure with the CRL or designee (see below) if the alleged violation is not one where removal from housing, or suspension or expulsion from the university would be imposed, or (2) filing formal SCAI charges, which shall result in the case being referred to and heard by either the Director or Associate Director for Residence Life or the SCAI Assistant Director for Residential Misconduct (or designee) serving as a hearing officer or by a university court panel hearing. If the CRL chooses to pursue an informal resolution of misconduct, the CRL should arrange to meet with the student who allegedly violated the code of conduct. While it is better for the accused student to be present at his/her meeting with the CRL, if notice has been given to the student by the student’s KSU email account of the date, time, and place of the meeting and the student does not attend, then the CRL may make a decision based on the evidence gathered without the student’s input. If the student is present, during the meeting between the CRL and the accused student, the following shall take place. 1. The CRL shall inform the student of the alleged misconduct, including some evidence to support the accusation. 2. The CRL must give the student the opportunity to respond to the accusation. Once the student has a chance to respond, the CRL shall proceed as follows:
Alternatively, if the CRL chooses to file formal SCAI charges, which shall result in the case being referred to and heard by either the Director or Associate Director for Residence Life or the SCAI Assistant Director for Residential Misconduct (or designee) serving as a hearing officer, or by a university court panel hearing because the charge is of such a serious nature that the student faces possible removal from on-campus housing, and/or suspension or expulsion from the university, the following shall take place. 1. The hearing officer shall contact the student who allegedly violated the code of conduct by the student’s KSU email account and inform him/her of the alleged misconduct and set a date, time and place for an administrative hearing/disciplinary meeting before the hearing officer. In the same communication, the hearing officer must also inform the accused student of his/her right to request a university court panel hearing and request an advisor in lieu of the disciplinary meeting with the hearing officer giving the accused student a deadline by which time the student must request such a panel hearing. 2. If the accused student is eligible to request a university court panel hearing and does so in a timely manner, then the case will be referred to the Director of the SCAI Dept. who shall set up the university court hearing in accordance with sections IV, V, and VI of these SCAI policies and procedures. 3. If the student does not request a university court panel hearing by the deadline, then the disciplinary meeting with the hearing officer shall take place. While it is better for the accused student to be present at his/her meeting with the hearing officer, if notice has been given to the student by KSU email of the date, time, and place of the meeting and the student does not attend, then the hearing officer may make a decision based on the evidence gathered without the student’s input. 4. If the student is present, then during the meeting between the hearing officer and the accused student, the following shall take place. The hearing officer shall inform the student of the alleged misconduct, including some evidence to support the accusation. 5. The hearing officer must give the student the opportunity to respond to the accusation. Once the student has a chance to respond, the hearing officer shall proceed as follows:
D. Sanctions for Code of Conduct Violations
1. Types of Sanctions, in General a. Expulsion: Permanent severance of student's relationship with the University. b. Probated Expulsion: Further violations of major offenses, as specified by the Court or hearing officer, shall result in expulsion. c. Suspension: Temporary severance of a student's relationship with the University. d. Probated Suspension: Notice that further violations of major offenses, as specified by the Court or hearing officer, shall result in suspension. e. Reprimand: Oral or written disapproval issued to the student f. Disciplinary Probation: Notice to the student that any further major disciplinary violations may result in suspension; this action might also include, but not be limited to, the following: the setting of restrictions on social activities, the issuing of a reprimand, restitution, and/or community service. g. Restrictions: Exclusion from enjoying or participating in social activities, or from holding office in University clubs or organizations. h. Restitution: Reimbursement for damage or misappropriation of property; this may take the form of appropriate service or other compensation. i. Community Service: Assignment to work a specific number of hours at or through a community service agency j. Ethics Training: For violation of the academic honesty code, assignment to Ethics Training will be in addition to and following the prescribed suspension period. For other violations, ethics training may be assigned by the hearing panel or by any hearing officer k. Other Educational or Developmental Remedies: Imposed by the court or any hearing officer. 2. Academic Misconduct - minimum sanction Any accused student found to have violated KSU regulations concerning academic honesty by a hearing before University Court or before the Director of SCAI, or his/her designee, shall be suspended for at least one semester unless he/she has convinced the hearing officer or body that there exist substantial mitigating circumstances to his/her offense. It is the responsibility of the faculty member to determine the appropriate grade to be assigned to a student once the University Court or hearing officer finds that the student violated the Student Code of Conduct's provisions regarding academic misconduct. 3. Student Organizations In addition to the above referenced sanctions, student organizations found in violation of the Student Code of Conduct may be subject to the following disciplinary action:
a. Restriction of social or
other activities sponsored by the
organization. A. Criteria Interim suspension measures may be employed against a student when the Vice President for Student Success and Enrollment or his/her designee or the Director for Residence Life or his/her designee shall determine, based on clear and convincing evidence, that the student has engaged, or threatens to engage, in behavior which:
1. is seriously disruptive or significantly impedes
the normal activities or academic endeavors of others, or 3. poses an immediate, significant threat of danger to him/herself and is of such serious nature that it must be handled more expeditiously than University procedures allow. B. Possible Actions by the University Interim suspension may include any and/or all of the following: 1. restriction from participation in any academic course, program, or activity 2. restriction from participation in any student activity on or off campus 3. restriction from use of any or all University facilities 4. restriction from entering the campus or any designated portion thereof. C. Duration A student placed on interim suspension shall remain as such, pending a University Court hearing or other appropriate administrative hearing. Every effort will be made to resolve the situation as quickly as possible. D. Interim Suspension Procedure
1. The Vice President for Student Success and
Enrollment or his/her designee or the Director for Residence Life or
his/her designee shall conduct such investigation as is necessary to
obtain all the facts surrounding the situation.
3. The Vice President for Student Success and Enrollment or his/her designee or the Director for Residence Life or his/her designee may elect not to suspend the student, but to refer the matter to the SCAI Dept. for further action. IV. Initiating SCAI Charges and the Pre-Hearing Process A. Filing of a Charge 1. The accuser and the student may choose to resolve the matter by an informal hearing or meeting when there is an accusation of academic misconduct (See IIA, above) or an accusation of residential code violation(s) (see IIC, above). When so resolved, a completed academic misconduct incident form signed by both the accuser and the accused student (when required) shall be forwarded to the SCAI office (mail drop #0506) or the appropriate staff member shall enter relevant data in the SCAI records software system. All charges not resolved informally, either because of ineligibility or inability of the parties to agree to an informal resolution shall proceed according to the following guidelines to initiate a formal SCAI hearing. 2. The accuser files a written complaint with the SCAI officer using the appropriate form, or a SCAI or Residence Life staff member enters a code of conduct charge(s) against a student in the SCAI record-keeping software:
a.
Academic
Misconduct Incident Report
form for allegations of academic misconduct. The applicable report or entry in the record-keeping software shall:
a. state the facts underlying the alleged
violation of the Kennesaw State University Student Code of Conduct,
3. Except under extraordinary circumstances, charges
must be filed by the end of the semester following the discovery of
the occurrence of the alleged violation of the Kennesaw State
University Student Code of Conduct. B. Notification of Pending Charges 1. The SCAI officer or Residence Life staff shall give the accused notice of charges against him/her. If the accused is a student organization, the notice shall be served to any officer of the organization. 2. When the accused student is entitled to a university court hearing the accused shall be informed of the option of a University Court hearing and the availability of an advisor to assist in the preparation and presentation of the case at any University Court hearing.
3. When it is required, service of written notice may be delivered by hand, electronically, or by mail. Generally, unless circumstances do not allow, written notification will be delivered to a student’s KSU e-mail account.
1. Two or more accused students may be required to
participate jointly in a hearing if they are alleged to have
participated in the same incident, act, events, or series of related
acts. The regulation(s) or factual circumstances alleged need not be
identical for the accused students in a hearing held jointly.
D. Notice of Witnesses and Evidence 1. At least five (5) days prior to a university court hearing, the accuser and the accused shall submit the following to the SCAI officer: a. a list of all witnesses the party wishes to appear on his/her behalf, including each witness' address and phone number (if known) AND b. copies of all documentary or other evidence to be used;
2. The SCAI officer shall supply a party's witness
list and copies of evidence to the opposing party at least three (3)
days prior to the hearing. E. Time of Hearing / Request for Postponement
1. The University Court hearing will be held at the
date and time agreed upon by the parties and notice will be sent to
all parties involved.
V. General
Guidelines for Conducting a University Court Hearing A. Rules Followed by the Court
1. All charges presented to the University Court will
be based on alleged violations of the Kennesaw State University
Student Code of Conduct. B. Personal Advisors
The accuser and the accused may each have an advisor
appointed from the SCAI panel. Either a party involved or his/her
advisor may present the case at the hearing but not both. C. Confidentiality Federal and state laws govern the confidentiality of SCAI hearings. Except for such simple announcements as may be required in disciplinary matters, covering the time of the hearing and similar information, public statements and publicity about the complaint by the accused, the accuser, the witnesses, or any member of the University Court should be avoided. D. Burden of Proof The accused shall be presumed not responsible for a violation until it is proven that he/she is responsible. The accuser has the burden of proof to establish responsibility for the violation by a preponderance of the evidence presented that the accused has violated the Student Code of Conduct. E. Attendance at the Hearing 1. The University Court may exclude any person who may be reasonably expected to interfere with the hearing or who does interfere with the hearing. 2. Attendance at the hearing shall consist of:
a. Members of the University Court panel 3. The accuser and the accused shall be given an opportunity to present necessary witnesses and documentary or other evidence, but all witnesses will be admitted to the hearing only when their personal participation is necessary. 4. Attorneys may not participate in University Court hearings. However, an accused student who is represented by an attorney may request that his/her attorney be present to observe the hearing, if the request is sent in writing to the SCAI officer at least five (5) business days prior to the hearing. Attorneys who are granted permission to attend a University Court hearing may not directly participate in the hearing; however, the attorney may confer with his/her client during a recess of the University Court. F. Evidence and Witnesses
1. The use of evidence and witnesses in a case before
the University Court is subject to the provisions in this section,
as well as the deadlines outlined in section IV.D. (above). 3. The Court will place highest value on direct examination of all witnesses; however, if a witness legitimately cannot appear at the hearing, that witness may present evidence to the panel using the following methods:
b. signed written statement-A signed written
statement will be admissible if it meets all of the following
conditions:
4. The University Court reserves the right to call
any witnesses it deems necessary for the performance of its duties.
1. During a University Court hearing, evidence of the
accused's past violations of the Kennesaw State University Student
Code of Conduct will be excluded from evidentiary phase of the
hearing.
I. Record of Proceedings / Decision of the Court A. Opening of the Case At the beginning of the hearing the Chief Judge will:
1. Call the hearing to order. B. Oath of Witnesses
The Chief Judge of the University Court shall read
the following statement to all persons involved in a University
Court case, including witnesses, before the parties begin presenting
their respective cases: C. Pleas / Admissions of Responsibility A plea is not required. However, the accused shall have the right to enter a plea before opening statements are presented. If at any time and without coercion or undue influence, the accused student admits to the Code of Conduct violation(s) and no other factual matters are in dispute, the Court will proceed to a sanctioning phase. D. Presentation of Evidence
1. The accuser presents an opening statement. E. Deliberation and Recommendation of the University Court
Upon completion of a hearing, the University Court
will deliberate to determine whether it feels that the accused
student(s) or student organization has violated the KSU Student Code
of Conduct. If the Court believes that a Student Code of Conduct
violation has occurred, it shall recommend an appropriate sanction.
F. Reporting the Court's Decision 1. The University Court shall forward the Court's recommendation to the Director of the SCAI Dept. or his/her designee within 24 hours of the time of the decision. 2. If the case arose from within campus housing property the Director of the SCAI Dept. or his/her designee will report the University Court's recommendation within three business days to the Director for Residence Life or his/her designated representative. 3. Within five (5) business days of the hearing, the Director of the SCAI Dept. or his/her designated representative or, if applicable, the Director for Residence Life or his/her designated representative will notify the accused of the final decision and sanction(s), if any. The notice will be in writing, and will be sent via KSU e-mail or other allowed method of delivery. 4. A record of the charge, the Court's decision and recommended sanction, and the final determination shall be placed in the student's confidential activity file in the office of the SCAI officer. 5. Any further distribution of the information shall be restricted in accordance with confidentiality requirements for student records.
A. Sanctions Take Effect Immediately
All sanctions take effect immediately after the sanction decision is communicated in writing (unless the sanction letter specifies differently), and this is true even when a student or student organization qualifies for and pursues an appeal.
B. Who may Appeal?
1. A student may appeal a decision of the university court as confirmed by the Director of the SCAI Dept. or his/her designee or the Director for Residence Life or his/her designee when that decision resulted in a sanction of suspension, expulsion (from the university), and/or removal from university housing.
2. A student may appeal the decision of the Director or Assistant Director of the SCAI Dept. or his/her designee or the Director or Associate Director of Residence Life or his/her designee in an administrative hearing (informal disciplinary meeting) when that decision resulted in a sanction of suspension, expulsion (from the university), and/or removal from university housing.
3. An organization may appeal a decision of the university court as confirmed by the Director of the SCAI Dept. when that decision resulted in a recommendation of a sanction of suspension or revocation of the organization’s registration with Student Life.
4. An organization may appeal a decision of the Director of the SCAI Dept. or his/her designee in an administrative hearing when that decision resulted in a recommendation of a sanction of suspension or revocation of the organization’s registration with Student Life.
C. Decision Letter Contents
Every decision letter to a student who has been suspended or expelled from the university or removed from housing, or to an organization whose registration has been suspended or revoked with Student Life, must contain the following information.
1. A statement that the student or organization may be eligible for an appeal if any of the three grounds for appeal indicated in section VIIC (below) exist, and
2. A statement that such an appeal must be submitted in writing within five business days of the receipt of the decision letter to the Director of the Department of Student Conduct and Academic Integrity, and
3. It must provide information on how to contact the Director of the SCAI Dept.
D. Only Three Grounds for Appeal
Dissatisfaction with the decision is not proper grounds for an appeal. There are only three grounds for appeal. They are, when a student or organization was found responsible for a code of conduct violation, one of the sanctions listed in section VIIB (above) was imposed, and
1. There were procedural errors in the process (a procedural error occurs when there is not substantial compliance with the SCAI policies and procedures as published on the KSU SCAI website); or
2. Significant new information or evidence becomes available that was not available or known to exist as of the hearing date and that evidence likely would have influenced the original decision; or
3. There were substantive errors in the decision (a substantive error occurs when there was no evidence to justify a finding of responsibility for the code of conduct violation or the sanction(s) is/are unreasonably harsh based upon the circumstances of the case and the prior record of the student).
E. How to Appeal
All appeals must be in writing and must be submitted to the Director of the SCAI Dept. within five business days of the student or student organization’s receipt of the sanctioning decision in writing. The Director of the SCAI Dept. will forward the appeal to the proper appeals officer. The appeals process does not grant a new hearing at a higher level. All appeals described in this section involve written appeals only. Students or organizations do not meet with or make oral presentations to the person deciding the appeal. There may be times when the person deciding the appeal requests a meeting with parties involved in order to clarify matters related to the appeal, but that is solely within the discretion of the person deciding the appeal.
F. Information Needed by Person Deciding Appeal
The person deciding the appeal or his/her designee will receive the following information:
1. Any recording that may have been made of the hearing (university court hearing only).
2. All documents and evidence presented at the hearing.
3. Any notice of hearing letter presented to the student or organization.
4. The decision/sanction letter.
5. Any other documents that pertain to the matter.
G. Appeal Decision
The person deciding the appeal or his/her designee will make one of the following determinations in writing within thirty (30) calendar days of the receipt of the appeal in his/her office.
1. Uphold the original decision of responsibility and make no change in sanction(s).
2. Uphold the original decision of responsibility but modify the sanction(s).
3. Reverse the original decision of responsibility and the sanction(s).
H. Who Will Hear the Appeal?
1. When a student appeals the original decision of the university court and when that decision resulted in a sanction of suspension or expulsion from the university or removal from housing, the Dean for Student Success or his/her designee shall decide the appeal.
2. When a student appeals the original decision of the Director of the SCAI Dept. or his/her designee or the Director of Residence Life in an administrative hearing (informal disciplinary meeting) and when that decision resulted in a sanction of suspension or expulsion from the university or removal from housing, the Dean for Student Success or his/her designee shall decide the appeal.
3. When a student appeals the original decision of an Assistant Director of the SCAI Dept. or the Associate Director of Residence Life in an administrative hearing (informal disciplinary meeting) and when that decision resulted in a sanction of suspension or expulsion from the university or removal from housing, the Director of Residence Life shall decide the appeal.
4. When an organization appeals a decision of the university court as confirmed by the Director of the SCAI Dept. and when that decision resulted in a recommendation of a sanction of a suspension or revocation of the organization’s registration with Student Life, the Dean for Student Success or his/her designee shall decide the appeal.
5. When an organization appeals an original decision of the Director of the SCAI Dept. or his/her designee in an administrative hearing and when that decision resulted in a recommendation of a sanction of a suspension or revocation of the organization’s registration with Student Life, the Dean for Student Success or his/her designee shall decide the appeal.
I. Further Appeal to the University President
Only a student or student organization that qualified for and completed the appeals process described above and who is not satisfied with the result may appeal to the President of the University.
1. The student or organization must allege one or more of the same three grounds for appeal listed in section VII D (above).
2. The appeal to the President must be in writing and submitted to the Director of the SCAI Dept. within five business days from his/her/its receipt of the appeal decision in writing.
3. A review by the President is not a matter of right, but is within the discretion of the President.
4. If the President accepts the appeal for review, he/she may choose to ask for a recommendation on the matter from an adviser or advisers or he/she may designate someone to hear the appeal in his/her stead.
5. The presidential review is not a new hearing and a student or organization does not meet with or make oral presentations to the President or adviser(s). There may be times when the President, or his/her advisor(s), requests a meeting with parties involved in order to clarify matters related to the appeal, but that is solely within his/her/their discretion.
6. The President shall, in writing, either decline to accept the appeal or accept the appeal and issue a decision within thirty (30) calendar days of the receipt of the appeal in his/her office.
J. Additional Appeal to Georgia Board of Regents
Any person aggrieved by a final decision of the University President may apply to the Georgia Board of Regents for a review of that decision in accordance with Article VIII of the Bylaws of the Board of Regents. The application for review shall be submitted in writing to the Board’s Senior Vice Chancellor for Support Services or designee within a period of twenty (20) days following the decision of the president. A hearing before the Board is not a matter of right but is within the sound discretion of the Board. VIII. Psychological/Psychiatric Disability Claim A. Grounds
1. Any student who is assigned interim suspension
from the institution, or who faces code of conduct charges for
disruptive conduct, may raise the issue of a diagnosed mental
disorder. In such cases, the student shall be responsible for
providing a current psychological/psychiatric evaluation that
reflects a significant disability that would have resulted in the
behavior in question. Such an issue should be submitted to the
Director of the SCAI Dept. at least two days prior to any scheduled
hearing. B. Special Hearing Panel for Disability Claims 1. Composition of the Panel-The special hearing panel shall be composed of the following people:
a. Director of Counseling and Advising
Program Services or his/her designated representative with appropriate qualifications A quorum shall consist of any three (3) of the above-identified members. 2. Authority of the Panel-The special hearing panel may: a. recommend that the grounds for a claim on the basis of a mental disorder are not sufficient for consideration and return the case to the university court panel or hearing officer for further action; b. make a finding of “not responsible” or “responsible” for a violation of the code of conduct; c. recommend that the student be allowed to return to the institution, with or without specific stipulations; d. recommend that the student continue or begin a suspension for a definite or indefinite period, with or without specific stipulations; or any other appropriate sanction(s) including dismissal from the institution.
a. The special hearing should be held within
seven (7) business days of the determination that a special hearing is needed. The
student shall be notified of the date and time of
the hearing at least three (3) days before the hearing convenes.
The student may request a postponement for
cause no later than 24 hours before the
scheduled hearing time. 4. Rights of the Student-The student shall be afforded the following rights:
a. the right to be present if he/she is able to
attend and/or participate without necessitating an excessive delay
in the hearing process 5. Special Hearing Procedures
a. The hearing shall be tape-recorded. 6. Recommendation and Final Decision of the Special Hearing Panel A verbal recommendation shall be issued to the Vice President for Student Success and Enrollment Services within 24 hours followed by a written report. The decision of the Vice President for Student Success and Enrollment Services shall be made available to the student within five days after the hearing. All materials pertaining to the hearing shall be kept in the files of the SCAI Dept. and designated as a special hearing. 7. Appeal of the Special Hearing Panel's decision Appeal of the decision of the special hearing panel and/or the Vice President for Student Success and Enrollment Services shall be in writing to the President of the institution within ten (10) business days of the delivery of the decision. The written appeal shall state grounds for appeal of the decision. The written appeal shall be delivered to the Director of the SCAI Dept. who will transmit it to the President’s office. IX. Revisions of the KSU Code of Conduct Excluding those Pertaining to Academic Honesty Any student, faculty member or administrator can initiate any revisions, additions, and/or deletions from the Student Code of Conduct Regulations. Recommendations shall be submitted to the acting student government association president. The SGA president shall ensure discussion on the proposed change in the student government senate. When the SGA senate has decided on an official recommendation to comment on the proposal, the SGA president shall forward all recommendations with comments to the vice president for student success and enrollment services no later than 90 days from the date of the initial proposal. In the event that 90 days should expire without a recommendation being given to the vice president for student success and enrollment services, the proposal shall be passed directly to the Vice president's office for consideration and deliberation. The SGA president, upon delivering the recommendation to the vice president's office, shall also forward copies to the director of student conduct and academic integrity and the chair of the university council for information purposes only. The vice president shall either accept or reject the student government’s recommendations. If the recommendation is accepted, the vice president shall distribute the recommendation with comments to the university president and cabinet.
|
